 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on February 13, 2004

NOTICE OF ACTION TAKEN

DOCKETS OST-2003-15021 and OST-2001-8910

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This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of  American Airlines, Inc.  filed  February 3, 2004, and
supplemented

February 5, 2004, for:

				 

XX  Limited dormancy waiver  to preserve two of American’s
Miami-Medellin, Colombia frequencies from the March 31, 2004, blanket
dormancy waiver expiration date, through June 30, 2004. 

Background

Order 2003-4-18 granted U.S. passenger carriers holding limited
international route authority a blanket waiver of the dormancy
conditions applicable to their authorities through March 31, 2004.  The
order also required U.S. carriers to notify the Department in writing no
later than February 15, 2004, of the limited-entry rights that they will
not be using beginning April 1.  Finally, Order 2003-4-18 provided that
carriers are free to seek extension of the dormancy waiver beyond March
31, 2004, for specific city-pair limited-entry services where they can
demonstrate that circumstances warrant.

American filed a Notice of its intent to increase its nonstop service
between Miami and Medellin, Colombia, from five days a week to daily,
effective June 15, 2004.  It included with that Notice an application
for an interim waiver for two Miami-Medellin frequencies beyond the
March 31 date until June 15, 2004.  American stated that it would poll
all parties served with its application for non-objections.  By letter
dated February 4, 2004, American advised the Department that there are
no objections to its application. 

By letter dated February 5, 2004, American requested that its waiver
request date be extended until June 30, 2004, citing the Department’s
amendment to a Delta notice of February 5, extending Delta’s request
relating to the Atlanta-Buenos Aires market.  American requests similar
treatment in regard to its Miami-Medellin application.

Applicant rep:  Carl B. Nelson, Jr.  202-496-5647 

DOT analyst:    Linda Senese, 202-366-2367

DISPOSITION

XX  Granted (see Remarks below)

The above action was effective when taken   February 13, 2004, through  
June 30, 2004.

2

XX  Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

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Remarks:  We find that grant of American’s request, in the particular
circumstances presented, is in the public interest.  However, we are
putting American on notice that there should be no expectation that an
additional request will necessarily be granted.  Any future request to
extend the dormancy waiver for the frequencies at issue here will have
to be considered in light of any specific arguments offered and
responses thereto, and in the context of the circumstances present at
that time, including whether another carrier seeks to use the
frequencies at issue.

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Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

 (1) our action was consistent with Department policy; and (2) grant of
the authority was consistent with the public interest.  To the extent
not granted, we denied all requests in the referenced Docket.  We may
amend, modify, or revoke the action taken in this Notice at any time
without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

 American’s waiver from the dormancy condition is effective through
June 30, 2004, or until the date on which American begins service with
each of these frequencies, whichever occurs earlier.  As to any
frequency with which American does not begin service by June 30, 2004,
its frequency allocation with respect to that frequency expires
automatically.

